Man Infected with E. coli After Drinking Apple Cider Files Suit

Nov 10 2010

BALTIMORE, MD (November 10,
2010)—An E. coli lawsuit was filed today against Baugher’s Orchard and Farm,
the Westminster, Maryland farm that recalled its unpasteurized apple cider
products after they were identified by Maryland public health authorities as
the source of an E. coli O157:H7 outbreak among at least 7 state residents. The
lawsuit was filed on behalf of Baltimore resident Nicholas Fickel, who is
represented by Seattle-based Marler Clark, the nation’s leading law firm
representing victims of foodborne illness outbreaks, and Rockville,
Maryland-based Ward and Klein, Chartered.

According to the lawsuit, which
was filed in Carroll County Circuit court, Mr. Fickel visited Baugher’s Orchard
and Farm in Westminster on October 17. While there, he consumed samples of
Baugher’s unpasteurized apple cider and purchased cider to take home with him.
On October 21, Mr. Fickel became ill with symptoms of E. coli infection,
including painful stomach cramping and bloody diarrhea. He sought medical
treatment for his worsening illness on October 22. A stool sample submitted for
lab testing at that time tested positive for E. coli O157:H7, which was also
isolated from 6 other Maryland residents who had consumed the Baugher’s
unpasteurized apple cider.

“Apple cider is not an inherently
dangerous product that consumers expect to be contaminated with pathogens like
E. coli,” said food safety attorney Colin Caywood, who represents Mr. Fickel.
“Cider producers should know that pasteurization and proper sanitation are the
keys to preventing E. coli outbreaks.”

Apple cider and other fruit and
vegetable juices can be contaminated with E. coli before processing. E. coli
outbreaks have been traced to fresh apple cider even when steps such as
brushing and washing apples have been taken to reduce the opportunity for
bacterial contamination. The use of “down” apples, or apples that have fallen
to the ground before being harvested, is a risk factor for E. coli
contamination since animals – like deer – that shed E. coli can forage for food
in orchard areas and fruit can fall in animal feces as it drops from trees.

MARLER CLARK has been
representing victims of E. coli and other foodborne illness outbreaks
nationwide for nearly 20 years. The firm has recently filed lawsuits against a
cheese producer whose products were identified as the source of an E. coli
outbreak in the Southwestern United States and egg producers whose products
were determined to be the source of a nationwide Salmonella outbreak.

For more information about the
lawsuit, or a copy of the complaint, please contact Suzanne Schreck at
206.346.1888 or sschreck@marlerclark.com.

Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of foodborne illness outbreaks.